¦Terms & Conditions of Service

This Agreement was last modified on 1st January 2018.

Use of the site is governed by our Terms of Use and Privacy Policy 


Introduction

Welcome to XeLogix also hereby known as “we”, “us” or “XeLogix”. We are an online marketplace and these are the terms and conditions governing your access and use of www.xelogix.com along with its related sub-domains, sites, mobile app, services and tools (the “Site”). By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the “User Agreement”). This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. This Site is owned and operated by Latest Generation Electronics Pvt Limited (Registration Number: ‘xxxxxxx).

The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.Thus, by using xelogix.com services you acknowledge that you have accepted and will abide by these terms, whether or not you have read and understood them.

 

1. WEBSITE ORDERS


By placing an Order with us via the Website you are offering to purchase the Products listed in the Order and pay us the applicable Purchase Price (including any Delivery Fees). Subject to any cancellation under clause 4, a binding contract for the sale of the Products listed in an Order submitted via the Website is formed once we send an email accepting the Order to your email address as specified or contained in the Order.

2. PAYMENT


You must pay the applicable Purchase Price (including Delivery Fees) using one of the methods provided on the Website. Surcharges may apply to some methods of payment. At any time we may decline to accept any payment, or require evidence of your identity, including where any irregularity or suspected fraud arises.

3. DELIVERY


3.1     Delivery address

We will arrange shipping of the Products to the delivery address specified in your Order within Pakistan. We do not deliver to areas in Pakistan where the Specified Post delivery network is not available.

Deliveries to post office boxes are not permitted where delivery is by courier. If delivery is by courier and nobody is available at the delivery address to accept delivery when delivery is attempted then the courier may either:

(a)  Leave the relevant parcel at the unattended address (the courier will do so if specified in your delivery requirements); or

(b)  Re-attempt delivery at a later time or date, in which case we may charge you an additional re-delivery fee.

3.2     Timing

We will endeavor to ship the Products by the applicable date indicated on the Website or Quote (if applicable), but all such dates are indicative only.  All shipping dates are dispatch dates only, and actual delivery dates will depend on the shipping method chosen, delivery address and delivery service provider.  To the extent permitted by law we and our delivery service providers exclude any liability for any delay in delivering any Products to you (or making them available for collection).

3.3     Product changes

Despite any other provision of this agreement (including clause 1), we may change the applicable description or specifications or appearance of any Product at any time (including prior to delivery) without prior notice, provided that the change does not have a material adverse effect upon the intended use of the Product by you.

3.4     Risk

Risk in the Products will pass to you at the time of delivery to the applicable shipping address or, if applicable, upon collection by you. Without limiting the previous sentence, if a Product is left unattended at the shipping address and is subsequently stolen then the theft is your responsibility, not ours. If any Product included in an Order is missing at the time of delivery then we recommend that you contact us immediately, as it will assist us in verifying and rectifying more quickly any error that has been made.

4. CANCELLATION


At any time before delivery we may cancel an Order without liability to you by notice to you at the email address set out in the relevant Order where:

(a)  You do not pay the Purchase Price by the applicable time, we do not accept your payment for any reason or you do not provide any requested evidence of identity;

(b)  There has been an error on the Website relating to any of the relevant Products that was not discovered before the Order was accepted, whether regarding the Product description, availability, Purchase Price, Delivery Fee, shipping time or otherwise;

(c)   We run out of stock of any Product and are unable to obtain replacement stock from our suppliers either at all or at the same cost as it was previously supplied to us;

(d)  Any delivery requirements you include in the Order are impractical or uneconomic for us; or

(e)  It is impractical or uneconomic for us to supply the Product due to any cause that is not reasonably within our control , including fire, flood, storm, lightning, earthquake, explosion, emergency, civil disturbance, war, act of God or governmental action.

Where we cancel an Order we will promptly refund the Purchase Price to the extent paid by you.

5. RETURNS


5.1     Return process

Before returning any Product to us where permitted under clause 5.2 or 5.3, we recommend that you first contact us to explain the problem and obtain a return authorization.  Doing so will help us to process your return more quickly.  You must also ensure that you make a copy of any data stored on any Product that you return – we are not responsible for preserving any such data.

5.2     Defective Products

Subject to you returning the relevant Product to us (at your cost), and only where required by law (including under the Pakistan Consumer Law, if applicable), we will honor any obligation of ours to:

(a)  replace or repair a Product sold to you; or

(b)  provide a refund of the Purchase Price.

It may take several weeks for us to assess and (if applicable) repair the Product, or arrange for a supplier to do so.

If you return a Product on the basis that it is faulty, but we reasonably determine that it is not faulty, then you must pay a testing fee of Rs.500 per Product tested, and we are not obliged to return the Product to you unless you pay a further Delivery Fee.

5.3     Mistake, change of mind etc.

Our obligations under clause 5.2 do not apply, and we are under no obligation to accept a return of any Products or provide a refund, where:

(a)  you wish to return a Product due to you having made a mistake when placing your Order, changed your mind or found the same or similar goods elsewhere at a lower price; or

(b)  the Product has been subject to misuse, static discharge, neglect, accident, modification or has been soldered or altered in any way.

We may, in our discretion, voluntarily agree to accept a return of a Product but any such return will be subject to:

(i)             you returning the Product to us (at your cost), together with the relevant invoice number and return authorization;

(ii)            you paying any handling cost or restocking fee that we notify to you;

(iii)           the returned Product being is in “as new” condition, in original packaging with all the documentation and factory accessories ordinarily included with the Product; and

(iv)           the Product not having become superseded (e.g. where a new version or release is available).

6. RESTRICTIONS ON USE OF PRODUCTS


The Products we sell are intended only for educational purposes or for a hobby, and are priced accordingly.  You must only use them in that way and, without limiting the foregoing, must not use them:

(a)  in any manner such that human life or safety, or the protection of any property or information, depends on them;

(b)   in any illegal manner or for any illegal purpose.

Except where expressly stated in the relevant Product description, we do not guarantee compatibility between Products. It is your responsibility to check any desired Product compatibility (including by contacting us if necessary) before purchasing a Product.

7. PRODUCTS AND CONTENT


All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. XeLogix makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current ness of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

8. THIRD PARTY LINKS


From time to time, the Site may contain links to web sites that are not owned, operated or controlled by XeLogix or their respective affiliates. All such links are provided solely as a convenience to you or as User Content submitted by other users for which we are not responsible. If you use these links, you will leave the Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from the Site, you do so entirely at your own risk.

9. USER CONDUCT


You agree that you, and not XeLogix, are solely responsible for all Content you post or otherwise submit to the Site. XeLogix does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be see or otherwise be exposed to Content that is offensive, objectionable, or otherwise disagreeable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by XeLogix. Examples include, but are not limited to:

  1. Abusing, harassing, threatening, or intimidating any person;
  2. Posting Content that is in any way obscene, libelous, defamatory, offensive, profane, pornographic, infringes on the copy rights of another person, or encourages the posting of such Content, or that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law;
  3. Using the Services for any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
  4. Posting any communication or solicitation designed or intended to obtain password, account, or private information from any XeLogix’s user;
  5. Creating unwanted ‘spam’ to any person or any URL;
  6. Imposing an unreasonable or disproportionately large load on our infrastructure, as determined by the sole discretion of XeLogix, including interfering with the proper working of the Site or any activities conducted on the Site, or by automating the collection of data on the site.
  7. Posting Content including comments, reviews, or votes, by using an automated tool for the mass-creation of content, or in exchange for receiving money, or any other organized effort that in any way artificially alters the Content of the Site;
  8. Egregious advertising or soliciting any user to buy or sell any products or services from an entity other than XeLogix;
  9. Selling your account.

You are solely responsible for your interactions with other users of the Site. XeLogix reserves the right (but is not obligated) to monitor disputes between users and take any necessary action to remediate violations to the Terms. This may be immediate and may include without limitation, the immediate removal of the related materials from the Site and/or the suspension or deletion of all associated user accounts.

We will fully cooperate with any law enforcement authorities who provide a court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

10. LIABILITY


10.1     Pakistan Consumer Law

In most circumstances the Products we provide come with guarantees that cannot be excluded under the Pakistan Consumer Law.  Nothing in this agreement limits, modifies or excludes any right you may have under the Pakistan Consumer Law where by law that right cannot be limited, modified or excluded.

10.2     Exclusion of other terms

To the extent permitted by law, and except as expressly provided in this agreement, all terms, conditions, warranties and representations (in each case whether express, implied, statutory or otherwise) relating in any way to the Products or any Incidental Services are excluded.

10.3     Exclusion of losses

To the extent (if any) permitted by law, all liability of ours is excluded in respect of any indirect or consequential liability or loss suffered or incurred by you in relation to any Product or Incidental Services, any delay or failure in providing them, or otherwise under or in connection with this agreement, and in any event (including where amounting to a direct loss, and without limiting clause 6) for any lost profits or goodwill, loss of business opportunity or any lost or corrupted data.

11. MISCELLANEOUS


11.1     Notices

All notices, demands, requests and other communications required or permitted under this agreement must be in writing and will be deemed to be delivered when actually received, whether sent by email, ordinary or certified mail, courier or otherwise to the receiving party.

11.2     Intellectual property

All intellectual property in all Products will remain our property or the property of the relevant supplier to us.

11.3     Entire agreement

This agreement constitutes the entire agreement between us and you in relation to its subject matter. Any prior arrangements, agreements, representations or undertakings are superseded and, except as expressly provided, each party warrants that it has not relied on any arrangement, agreement, representation or understanding which is not expressly set out in this agreement or incorporated by reference.

11.5 Your access to the Site may be interrupted as a result of repair to or maintenance on the Site, or due to equipment malfunction, or any other reason that may be beyond the control of XeLogix. XeLogix reserves the right, at its sole discretion and without prior notice, to suspend availability of the Site and/or any Service and/or remove any Content at any time. XeLogix may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice.

11.6. Limitations of Liability

XeLogix assumes no responsibility, nor will be liable, for any damages to, or any viruses or malware that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site. In no event will XeLogix or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the Site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, any web sites linked to the Site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law.

In the event of any problem with the Site or any Content, you agree that your sole remedy is to cease using the Site. In the event of any problem with the products or services that you have purchased on or through the Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this web site.

12. REVISION TO THE TERMS


These terms of service may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current terms of service because they are binding on you. Certain provisions of these terms of service may be superseded by legal notices or terms located on particular pages of the Site.

13. INTERPRETATION


13.1     Dictionary

In this agreement the following terms have the following meanings:

Delivery Fees in relation to an Order means the fees for delivering Products to the relevant delivery address specified in the Order, calculated in the manner indicated on the Website or Quote (as applicable).  If you place multiple Orders then separate delivery fees apply to each Order, even if they are delivered at the same time.

Incidental Services means any services (including advice or delivery) provided in connection with the Products.

Order means the relevant order:

(a)  submitted by you to us via the website.

Products means the goods, services or other products listed in the Order, as described on the Website at the time when you submitted the Order to us.

Purchase Price in relation to Products means the price, Delivery Fees, and other amounts described or referred to in the relevant Order or these Terms and Conditions or otherwise agreed between you and us from time to time.

Website means the website at www.xelogix.com.

13.2     Rules of interpretation

In this agreement:

(a)  Words importing any gender include the other genders.

(b)  Headings will be ignored in construing this document.

(c)   ”including” and similar expressions are not words of limitation.

(d)  Words importing the singular include the plural and vice versa.

(e)  References to persons include corporations.

(f)   References to writing include any mode of representing or reproducing words in visible form, and include email.

(g)  A provision must not be construed to our disadvantage merely because we were responsible for preparing this agreement.

14.CHANGES TO THIS AGREEMENT


We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
  • Questions?
If you do not understand any of these Terms of Service or if you have any questions or comments, we invite you to contact our Customer Service Department by e-mail at info@xelogix.com.
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